Regarding the sealed inspection of tender documents, there are no corresponding rules in the Government Procurement Law. Only Order No. 18 has rules. Article 31: "The tenderer shall... Article 40: "When opening a tender, the tenderer or his elected representative shall examine the sealed status of the tender documents, or the notary institution entrusted by the tenderer may examine and notarize the tender documents." Article 56: "... For bidding documents that are not sealed, signed or sealed in accordance with the rules of bidding documents, they shall be disposed of in accordance with invalid bidding when they are checked for seniority and conformity. The theory that Decree No. 18 has been implemented for more than 10 years proves that the above-mentioned rules have the following defects, and I hope this revision can make amendments to them.
(1) Sealing of bidding documents is regarded as the obligation rather than the rights and interests of the bidders. Each bidder has a strong motivation to be radical in his business secrets and not be known by others. Therefore, sealing of bidding documents is his spontaneous request and action, as well as his rights and interests, and he can decide how to implement them independently. However, Order No. 18 regulates the sealing of tender documents as the obligation of the tenderer, and the sealing of the rules does not meet the requirements of accepting the legal results of rejection or invalidation of tender documents.
(2) There is no exception to request that the sealed inspection of tender documents be stopped: in fact, it is impossible to extract, change and tamper with the contents of tender documents within the scope of vision of all parties at the tender opening site and under the full monitoring of technical equipment. Therefore, packaging blockade can only avoid material slipping out during handover without strict request, and sealing inspection has lost its due role. However, Order No. 18 does not discriminate and all requests for sealing inspection.
(3) The purpose, main body and normative rules of sealed inspection in different places are not clear. The sealed inspection of tender documents is only applicable to the situation of accepting tender documents before opening tenders. It is necessary to stop two sealed inspections at accepting tender documents and opening tenders, but the two inspections are quite different: when accepting the tender documents, the inspection is by the agency. In order to prevent the acceptance of sealed tender documents, the on-site inspection of tender opening is to determine whether the tender documents can be leaked during the period of storage by the agency, and whether the tender documents can be opened is regulated by the tenderer (or its representative or notary). (Decree No. 18, Article 31, "After the tender procuring unit receives the tender documents, No unit or individual shall open the tender documents before the opening of tenders for safekeeping upon signature, which coincides with the criteria for sealing inspection at the site of opening tenders and stops the inspection. Generally speaking, Decree No. 18 does not understand the purpose, main body and rules of the two inspections, or is not perfect, which leads to the sealing inspection in theory, especially the deformation of the sealing inspection at the opening site.
(4) Failure to seal an invalid bid according to the request is wrong and the procedure lags behind: When evaluating a bid, the evaluation committee shall make qualifications and conformity checks on the tender documents, and dispose of the invitation documents that are not sealed according to the request of the tender documents as invalid bids. There are some errors in the criterion: firstly, on the one hand, on the other hand, on the other hand, on the other hand, on the spot sealing inspection is based on whether the bidding documents can be opened during the storage of the agency, not on the sealing request inspection of the bidding documents, on the other hand, it incorrectly regards the sealing condition as the criterion for selecting bidders. Secondly, the procedure lags behind obviously. At this time, the tender documents have been opened at the opening of the tender, and their seals have been destroyed. Although there are open signs, it is impossible to accurately judge whether the seals meet the specifications.
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